What is the law for a prayer for judgement?
The prayer for judgement, or PJC, is unique to North Carolina. A prayer for judgement is a guilty plea that asks that the offense isn’t entered into the record against you. Prayers for judgement can only be used once per household in three years per insurance policy. However, the North Carolina DMV permits a maximum of two PJCs within five years.
A prayer for judgement is prohibited for the following moving violations:
- Impaired driving: A PJC may not be entered for any impaired driving offense sentenced under G.S. 20-179 because sentences under that provision are mandatory.
- Speeding: A PJC may not be entered on a charge of speeding more than 25 mph over the speed limit.
- Passing a stopped school bus: You cannot qualify for a PJC if you pass a stopped school bus.
- A prayer for judgement is a guilty plea in North Carolina that asks that the offense isn’t entered into the record against you.
- A prayer for judgement is prohibited for impaired driving, speeding 25 mph over the limit or passing a school bus.
What are the conditions for a prayer for judgement?
The conditions typically include that if, within a specific period, the accused repeats the crime or a similar one, they will face both charges. However, if the accused stays clean for the required period, the record is expunged and the accused will face no trial or punishment for the alleged offense. In North Carolina, the probationary period is typically three years.
But the petition isn’t guaranteed — a PFJ can result in increased car insurance costs, license suspension and license points. And whether you receive a prayer for judgement continued is up to the court’s discretion.
If you have used the prayer for judgement plea for a traffic offense or other type of violation of the law in North Carolina, then you should have been advised of the conditions you must follow.
Which violations don’t allow for a prayer for judgement?
A prayer for judgement isn’t an option for a DWI charge or speeding tickets for driving more than 25 mph over the speed limit. And remember: A successful petition is at the judge’s discretion.
Resources & Methodology
Source
The University of North Carolina at Chapel Hill School of Government. “North Carolina Superior Court Judges’ Benchbook.” Accessed November 2024.
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